LEGISLATURE MUST IMPROVE PROTECTIONS FOR SACRED SITES

The Pechanga Band of Luiseño Indians recently acquired land that preserves the proposed Liberty Quarry site in Riverside County, which Native Americans consider a sacred site.

This acquisition by a tribe is historic, strategically using tribal resources to preserve a sacred site of strong cultural and spiritual importance. This accord should set a statutory standard for respect and appreciation of California’s native cultures and precious historic resources.

But not all tribes have the capital to save their most sacred and culturally significant sites from destruction, nor should they be required to. Frankly, in addition to its significance to the Luiseño Indians, this land should also be considered a California historic resource.

The actions of Granite Construction, which was satisfied to destroy this site for profit despite being aware of its sacred value to the Luiseño peoples, demonstrates a complete disregard for tribal culture. Unfortunately, this attitude is not altogether uncommon.

Just two weeks after the Pechanga purchase, thieves made off with rock carvings from a sacred site on the Volcanic Tableland north of Bishop. This land, which is used by the local Paiute tribe for religious and cultural ceremonies, is considered one of the most significant rock art sites in the region.

Tribal leaders have decried what happened to the petroglyphs.

In response, the U.S. secretaries of agriculture, defense, energy and interior, and the director of the Advisory Council on Historic Preservation, signed a memorandum of understanding (MOU) calling for enhanced protection of sites held sacred by American Indians, improving tribal access to sites that are on federal land and raising awareness over the next five years by implementing a plan that includes developing a website, a training program for federal employees and guidance for managing sacred sites.

As we move into the next legislative session, recognition and treatment of sacred sites have broad implications regarding land use, environmental impacts and historic preservation at the state level as well.

There has been a lot of discussion recently about possible reform to the California Environmental Quality Act (CEQA). From schools and parks to the local strip mall, any and all projects must go through an environmental impact review, as defined by CEQA, in order to progress to construction.

There is no question we need to look at how CEQA can be improved in California. But any changes cannot set aside the protections that CEQA provides for California’s Native American sacred and culturally significant sites as well as the preservation of California history in general.

It is also incumbent upon the state Legislature to step up and amend California’s land-use laws to provide greater protection to tribal sacred sites. We need to be smart about urban planning. Without being methodical and thoughtful, we stand to lose critical resources that teach us about our ancestors.

While the federal government seems to be moving in the right direction, the California Legislature seems to be slow to move to create statutes that would provide greater protections for sacred sites.

In 2011, in response to the Pechanga/Granite Construction conflict, Assembly member Bonnie Lowenthal attempted to amend the Public Resources Code to include aggregate operations on the list of mining activities restricted near American Indian sacred sites. The bill, which was approved unanimously in the Assembly, died after being set aside without a vote in the Senate. Lowenthal’s effort is the type of forward thinking we need to see as legislators try to rework land use code and CEQA mandates.

The California Tribal Business Alliance continues to stand ready to engage in these pivotal discussions and provide counsel regarding these and related sensitive issues, working as a resource to uphold the values and compacts that preserve Native American sovereignty, health and prosperity. Because, while it is important to support business and promote smart infrastructure development, we must also be mindful of the impacts.

As the chair of our Pala tribe, I am first to note that there need to be good, strategic decisions made for the betterment of our state – because what’s good for California is also good for California’s tribes. But we cannot forsake the old for the new. And we cannot undermine the foundation upon which our state has been built by mindlessly paving over our history to make way for a new strip mall.

Smith is chairman of the Pala Band of Mission Indians and newly elected chairman of the California Tribal Business Alliance.